Complain about a product or service

Black Box Rule Ignites Hot Debate

By Joe Benton
ConsumerAffairs.com

October 30, 2006

"Black Boxes" • Black Box Rule Ignites Hot Debate • NHTSA: Automakers Must Disclose Black Boxes • Three States Consider Limits on Black Boxes • States Moving to Protect Motorists from Black Boxes • North Dakota Limits Use of Black Boxes By Insurers • Big Brother May Be Your Co-Pilot

Hundreds of consumers have written federal auto safety regulators objecting to a new rule establishing minimum requirements for automobile "black boxes" and data recorders, known as EDRs.

Privacy advocates are concerned the data will fall into the wrong hands and will contribute to government "spying" on drivers.

Automakers say the rule is too expensive and safety advocates say it doesn't go far enough.

The rule was not supposed to be controversial but almost every automaker has asked the National Highway Traffic Safety Administration (NHTSA) to try again because, they say, the existing the rule is too vague and will cost too much money to implement.

Federal regulators at NHTSA plan no immediate response to the growing number of complaints from the public and automakers, opening the possibility of a court challenge to block the rule from being implemented.

NHTSA has set September 2010 as the date the new rule will be enforced. The agency said standardizing black box data can help the auto industry and safety researchers to study how and why accidents occur and how to prevent them.

The black boxes are primarily the computer center required to deploy an airbag system but in the process the black box collects a variety of data in the moments before, during and after a crash. Data about speed and acceleration, seat belt status and whether the driver is pushing the accelerator or brake are all recorded.

No Disclosure

Automakers are not required to notify drivers of the devices until 2008 and that has led the auto club AAA, with 48 million members nationwide, to complain to NHTSA.

"We believe motorists must know what data is being collected by their vehicles and how it can and cannot be used," AAA CEO Robert Darbelnet wrote in asking the NHTSA to reconsider its decision. "The public's right to know cannot be compromised."

Safety advocates charge the rule does not go far enough and NHTSA is delaying the benefits of black box data for years.

"NHTSA has squandered an opportunity to fully realize the numerous safety benefits offered by EDRs," Public Citizen President Joan Claybrook wrote to the agency. "With over 40,000 people dying on American roads each year, it is unconscionable for the agency to stumble on this issue," she wrote.

Public Citizen wants a black box standard that collects more data as well as more stringent crash survivability standards for the equipment. The safety group also wants the rule to insure investigators can quickly access the data held in a black box.

NHTSA requires that the devices must survive a 35 mile-per-hour head on crash and Public Citizen charges that is not good enough because almost 75 percent of vehicles involved in fatal crashes are traveling faster than 35 mph.

Possible Evidence

The data record begins five seconds before a crash at the time air bags are deployed and in some states can be used to help determine who was at fault in an accident and the cause.

Ten states have passed law governing the use of black box data. The laws generally require manufacturers to disclose the presence of recorders in vehicles or clarify that the data is owned by vehicle owners and can only be accessed with their permission.

There is no clear rule whether police need a warrant to access black box data and states are split on the issue.

Accuracy Questioned

Automakers have recently told NHTSA that the data required by the new rule may not always be accurate. The manufactures told the agency that the 11 types of data required to be collected can be inaccurate in current recorders and that they may not be able to comply without installing more expensive sensors because the rule requires a closer margin of error than current sensors allow.

Automakers want the data acquisition requirements phased in with complete compliance in 2013.

NHTSA estimates the rule will cost automakers $11 million to $33 million annually, depending on how many vehicles are equipped with data recorders and whether additional data elements are required in the future. The automakers say if the rule isn't changed, it will cost them far more than that.

NHTSA announced the final rule for standardizing EDRs in August. The rule reduced the number of data elements required from 18 to 15, required data recorders to be able to record two events in very serious crashes, rather than three, and required data to be retrievable for 10 days instead of 30.

NHTSA did not mandate that the devices be put in all vehicles but required automakers to inform customers if their vehicle has one starting in 2008.

Report Your Experience
If you've had a bad experience -- or a good one -- with a consumer product or service, we'd like to hear about it. All complaints are reviewed by class action attorneys and are considered for publication on our site. Knowledge is power! Help spread the word. File your consumer report now.

Back to the top |